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Informist, Wednesday, Mar. 26, 2025

 

NEW DELHI – The Supreme Court on Wednesday stayed the Allahabad High Court's order which held that mere grabbing the breasts of a minor victim and breaking the string of her pyjama was not sufficient to constitute an offence of rape and attempt to rape. The top court had registered a suo moto case against the high court's Mar. 17 order.

 

The Bench of Justices B.R. Gavai and Augustine George Masih said, "We are pains to state that it shows total lack of sensitivity on part of the author of the judgment". The apex court said that the judgment by the high court was not even given at the spur of the moment and was delivered four months after reserving the same. Thus there was application of mind by Justice Ram Manohar Narayan Mishra of the high court, said the top court.

 

"We are usually hesitant to grant a stay at this stage. But, since observations in para 21,24 and 26 are unknown to cannons of law and shows inhuman approach, we stay the observations in said paras," said the top court. Further, the apex court issued notices to the Centre, state of Uttar Pradesh and asked the Attorney General for India R. Venkataramani and Solicitor General of India Tushar Mehta to assist the bench.

 

In 2021, a woman was returning from her sister-in-law's home along with her minor daughter. Thereafter, two men, her co-villagers and accused in the case, offered a lift to her daughter with assurances that he would drop her at residence and placing reliance on his assurance, she permitted her daughter to accompany him on their motorcycle. 

 

The accused had stopped their motorcycle on a muddy way. On the way to her village they started grabbing the minor's breasts and one of them dragged her and tried to take her beneath a culvert and broke the string of her pyjami. Meanwhile, two men from the village, who were coming behind on a tractor, reached the spot on hearing cries of the minor. The accused persons threatened them with life by pointing a country-made pistol at them and fled away from the place. 

 

After no action was taken by the police authorities, the woman reached the Protection of Children from Sexual Offences court in Kasganj, Uttar Pradesh, which ordered the police to register a case in 2022. During the proceedings, the court summoned the two accused under Section 376 of Indian Penal Code and Section 18 of the The Protection of Children from Sexual Offences Act, 2012. When the accused challenged the summoning order in the Allahabad High Court, the latter said that the offence of rape in the case be altered into that of "assaulting or abusing with an intent to disrobe or compel her to be naked". The high court then directed the trial court in Kasganj to issue fresh summons to the two accused, who had been booked for rape, under the modified charges.  End

 

Reported by Surya Tripathi

Edited by Deepsikha Bhardwaj

 

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